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Ketanji Brown Jackson’s Audio Leak Raises Speculation on Trump’s Ballot Case

via School of Law, Boston University
This article was originally published at StateOfUnion.org. Publications approved for syndication have permission to republish this article, such as Microsoft News, Yahoo News, Newsbreak, UltimateNewswire and others. To learn more about syndication opportunities, visit About Us.

In a recent Supreme Court session, Justice Ketanji Brown Jackson questioned Colorado’s argument for disqualifying former President Donald Trump from the state’s presidential ballot.

She pointed out that the 14th Amendment’s third section does not explicitly mention the presidency, leading to a discussion about the historical context and interpretation of the amendment’s language.

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability,” Jackson noted.

Jackson highlighted the absence of the word “president” in the enumerated list of barred individuals and expressed skepticism about Colorado’s interpretation.

“The thing that really is troubling to me is, I totally understand your argument, but they were listing people that were barred, and ‘president’ is not there. And so, I guess that just makes me worry that maybe they weren’t focusing on the president,” Jackson said.

She emphasized the lack of clarity and potential ambiguity in the text, ultimately questioning why a court would construe the absence of “president” against democracy.

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